Trademark Infringement Claim definition

Trademark Infringement Claim shall have the meaning set forth ---------------------------- in Section 2.4.8(a).
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Trademark Infringement Claim shall have the meaning given in Section 11.8(d).
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Trademark Infringement Claim means a lawsuit threatened or filed in the United States of America purporting to enforce rights under a trademark.
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Examples of Trademark Infringement Claim in a sentence

  • For the reasons previously discussed, the Court finds that ANICO has failed to meet its burden of proof with respect to the other trademarks and enters judgment in favor of ANIA as to those trademarks.B. State Common Law Trademark Infringement Claim The Lanham Act was passed in 1946 as an attempt “to ‘federalize’ existing common law protection of trademarks used in interstate commerce.” CAE, Inc., 267 F.3d at 672 (citation omitted).

  • Upon learning of such Trademark Infringement Claim, the Party or Parties against which such claim is made shall take all reasonable and appropriate steps to resolve the Trademark Infringement Claim, and give reasonable consideration to the other Party’s suggestions regarding such Trademark Infringement Claim.

  • All Out of Pocket Costs incurred in bringing, maintaining and prosecuting any action described in this Section 11.3.1 (including for outside counsel) shall be (a) included in [*] to the extent such Trademark Infringement Claim relates to the [*] Markets and (b) otherwise borne solely by [*] for the [*].

  • Using A Contributory Trademark Infringement Claim to Compel Deidentification.

  • Likelihood of Success on the Merits of the Trademark Infringement Claim The court now considers whether there is a likelihood of success on the merits of Novus’ trademark infringement claim.

  • The Court will address each of these arguments in turn.1. Trademark Infringement Claim Regarding the Registered Trademarks Trademark infringement claims are governed by the Lanham Act, 15 U.S.C. § 1501 et seq.

  • HENDRIXLICENSING.COM, LTD, dba HENDRIX ARTWORK and HENDRIXARTWORK.COM, a NevadaCorporation, and ANDREW PITSICALIS and CHRISTINE RUTH FLAHERTY,husband and wife,Defendants.8910 No. C09-285Z11 ORDER12131415161718 THIS MATTER comes before the Court on Plaintiffs’ Motion for Partial Summary19 Judgment of Federal Trademark Infringement Claim, docket no.

  • New York Trademark Infringement Claim Defendants are entitled to summary judgment on Plaintiffs’ New York state law trademark infringement claim as well.

  • All of the reasonable fees and expenses incurred for outside counsel and other reasonable direct costs incurred in bringing, maintaining and prosecuting any action described in this Section 10.4.1 shall be included in Trademark Costs if such Trademark Infringement Claim relates to the United States.

  • To be consistent and not start with something else is a challenge.

Related to Trademark Infringement Claim

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Infringement has the meaning set forth in Section 6.3(a).

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Licensee Patents means all Patents that (i) claim any inventions developed by or on behalf of Licensee in the Development, manufacture or Commercialization of any of the Products in the Field pursuant to this Agreement, or (ii) are Controlled by Licensee or its Affiliates during the Term and claim or cover any of the Products (including composition of matter, methods of manufacturing and methods of treatment or use).”

  • Licensed Patent Rights means:

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Intellectual Property License Agreement means the license of Intellectual Property by and between Weyerhaeuser and Newco substantially in the form attached as Exhibit B.

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.